T19CH25

Title 19 > T19CH25

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19-2501

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2501. Time for judgment. After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed. History: [(19-2501) Cr. Prac. 1864, secs. 434, 435, p. 266; R.S., R.C., & C.L., sec. 7980; C.S., sec. 9023; I.C.A., sec. 19-2401.]

19-2502

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2502. Determination of degree of crime. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. History: [(19-2502) R.S., R.C., & C.L., sec. 7981; C.S., sec. 9024; I.C.A., sec. 19-2402.]

19-2503

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2503. Presence of defendant. For the purpose of judgment, if the conviction is for a felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence. History: [(19-2503) Cr. Prac. 1864, sec. 436, p. 266; R.S., R.C., & C.L., sec. 7982; C.S., sec. 9025; I.C.A., sec. 19-2403.]

19-2504

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2504. Defendant to be brought before court. When the defendant is in custody the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so. History: [(19-2504) Cr. Prac. 1864, sec. 437, p. 266; R.S., R.C., & C.L., sec. 7983; C.S., sec. 9026; I.C.A., sec. 19-2404.]

19-2505

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2505. Bench warrant to enforce attendance. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench warrant for his arrest. History: [(19-2505) Cr. Prac. 1864, sec. 438, p. 266; R.S., R.C., & C.L., sec. 7984; C.S., sec. 9027; I.C.A., sec. 19-2405.]

19-2506

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2506. Clerk to issue warrant. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties. History: [(19-2506) Cr. Prac. 1864, sec. 439, p. 266; R.S., R.C., & C.L., sec. 7985; C.S., sec. 9028; I.C.A., sec. 19-2406.]

19-2507

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2507. Form of warrant. The bench warrant must be substantially in the following form: County of ….. The state of Idaho, to any sheriff, constable, marshal or policeman in this state: A.B., having been on the …. day of …., …. duly convicted in the district court of the …. judicial district of the state of Idaho, in and for the county of …., of the crime of …. (designating it generally), you are therefore commanded forthwith to arrest the above named A.B. and bring him before that court for judgment; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of ….. Given under my hand, with the seal of said court affixed, this …. day of …., ….. By order of the court. (Seal) History: [(19-2507) Cr. Prac. 1864, sec. 440, p. 266; R.S., R.C., & C.L., sec. 7986; C.S., sec. 9029; I.C.A., sec. 19-2407; am. 2007, ch. 90, sec. 11, p. 251.]

19-2508

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2508. Service of warrant. The bench warrant may be served in any county in the same manner as a warrant of arrest, and when served in another county it need not be endorsed by a magistrate of that county. History: [(19-2508) Cr. Prac. 1864, sec. 441, p. 266; R.S., R.C., & C.L., sec. 7987; C.S., sec. 9030; I.C.A., sec. 19-2408.]

19-2509

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2509. Arrest of defendant. Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof. History: [(19-2509) Cr. Prac. 1864, sec. 442, p. 267; R.S., R.C., & C.L., sec. 7988; C.S., sec. 9031; I.C.A., sec. 19-2409.]

19-2510

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2510. Arraignment for sentence. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the indictment and of his plea, and the verdict if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. History: [(19-2510) Cr. Prac. 1864, sec. 443, p. 267; R.S., R.C., & C.L., sec. 7989; C.S., sec. 9032; I.C.A., sec. 19-2410.]

19-2511

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2511. Grounds for withholding judgment. He may show, for cause against the judgment that he has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. History: [(19-2511) Cr. Prac. 1864, sec. 444, p. 267; R.S., R.C., & C.L., sec. 7990; C.S., sec. 9033; I.C.A., sec. 19-2411; am. 1970, ch. 31, sec. 14, p. 61.]

19-2512

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2512. Pronouncement of judgment. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered. History: [(19-2512) Cr. Prac. 1864, sec. 445, p. 267; R.S., & R.C., sec. 7991; reen. 1915, ch. 104, sec. 1, p. 244; reen. C.L., sec. 7991; C.S., sec. 9034; I.C.A., sec. 19-2412.]

19-2513

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2513. Unified sentence. (1) Whenever any person is convicted of having committed a felony, the court shall, unless it shall commute the sentence, suspend or withhold judgment and sentence or grant probation, as provided in chapter 26, title 19 , Idaho Code, or unless it shall impose the death sentence as provided by law, sentence such offender to the custody of the state board of correction. The court shall specify a minimum period of confinement and may specify a subsequent indeterminate period of custody. The court shall set forth in its judgment and sentence the minimum period of confinement and the subsequent indeterminate period, if any, provided, that the aggregate sentence shall not exceed the maximum provided by law. During a minimum term of confinement, the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service as provided in section 20-101D , Idaho Code, or for medical parole as provided in section 20-1006 , Idaho Code. The offender may be considered for parole or discharge at any time during the indeterminate period of the sentence and as provided in section 20-1006 , Idaho Code. (2) If the offense carries a mandatory minimum penalty as provided by statute, the court shall specify a minimum period of confinement consistent with such statute. If the offense is subject to an enhanced penalty as provided by statute, or if consecutive sentences are imposed for multiple offenses, the court shall, if required by statute, direct that the enhancement or each consecutive sentence contain a minimum period of confinement; in such event, all minimum terms of confinement shall be served before any indeterminate periods commence to run. (3) Enactment of this amended section shall not affect the prosecution, adjudication or punishment of any felony committed before the effective date of enactment. History: [19-2513, added 1909, p. 82, H.B. 214, sec. 1; am. 1911, ch. 200, sec. 1, p. 664; compiled and reen. C.L., sec. 7991a; C.S., sec. 9035; I.C.A., sec. 19-2413; am. 1947, ch. 46, sec. 1, p. 50; am. 1957, ch. 47, sec. 1, p. 82; am. 1970, ch. 143, sec. 1, p. 425; am. 1986, ch. 232, sec. 3, p. 639; am. 1993, ch. 106, sec. 2, p. 272; am. 2014, ch. 150, sec. 19, p. 430; am. 2017, ch. 182, sec. 6, p. 421; am. 2021, ch. 196, sec. 21, p. 536; am. 2024, ch. 164, sec. 1, p. 623.]

19-2514

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2514. Persistent violator — Sentence on third conviction for felony. Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life. History: [(19-2514) C.S., sec. 9035A, as added by 1923, ch. 109, sec. 1, p. 139; I.C.A., sec. 19-2414; am. 1970, ch. 143, sec. 2, p. 425.]

19-2515

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2515. Sentence in capital cases — Special sentencing proceeding — Statutory aggravating circumstances — Special verdict or written findings. (1) Except as provided in section 19-2515A , Idaho Code, a person convicted of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under shall be liable for the imposition of the penalty of death if such person killed, intended a killing, or acted with reckless indifference to human life, irrespective of whether such person directly committed the acts that caused death or the aggravated lewd conduct. (2) Where a person is sentenced to serve a term in the penitentiary, after conviction of a crime which falls within the provisions of section 20-1005 , Idaho Code, except in cases where the court retains jurisdiction, the comments and arguments of the counsel for the state and the defendant relative to the sentencing and the comments of the judge relative to the sentencing shall be recorded. If the comments are recorded electronically, they need not be transcribed. Otherwise, they shall be transcribed by the court reporter. (3) Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless: (a) A notice of intent to seek the death penalty was filed and served as provided in section 18-4004A , Idaho Code; and (b) The jury, or the court if a jury is waived, finds beyond a reasonable doubt at least one (1) statutory aggravating circumstance for murder and at least three (3) statutory aggravating circumstances, as listed in subsection (10) of this section, for aggravated lewd conduct with a minor child twelve (12) years of age or under. Where a statutory aggravating circumstance is found, the defendant shall be sentenced to death unless mitigating circumstances which may be presented are found to be sufficiently compelling that the death penalty would be unjust. The jury shall not direct imposition of a sentence of death unless it unanimously finds at least one (1) statutory aggravating circumstance and unanimously determines that the penalty of death should be imposed. (4) Notwithstanding any court rule to the contrary, when a defendant is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, no presentence investigation shall be conducted; provided however, that if a special sentencing proceeding is not held or if a special sentencing proceeding is held but no statutory aggravating circumstance has been proven beyond a reasonable doubt, the court may order that a presentence investigation be conducted. (5)(a) If a person is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether b

19-2515A

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2515A. Imposition of death penalty upon mentally retarded person prohibited. (1) As used in this section: (a) Mentally retarded means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significant subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years. (b) Significantly subaverage general intellectual functioning means an intelligence quotient of seventy (70) or below. (2) In any case in which the state has provided notice of an intent to seek the death penalty pursuant to section 18-4004A , Idaho Code, and where the defendant intends to claim that he is mentally retarded and call expert witnesses concerning such issue, the defendant shall give notice to the court and the state of such intention at least ninety (90) days in advance of trial, or such other period as justice may require, and shall apply for an order directing that a mental retardation hearing be conducted. Upon receipt of such application, the court shall promptly conduct a hearing without a jury to determine whether the defendant is mentally retarded; provided however, that no court shall, over the objection of any party, receive the evidence of any expert witness on the issue of mental retardation unless such evidence is fully subject to the adversarial process in at least the following particulars: (a) If a defendant fails to provide notice as required in this subsection, an expert witness shall not be permitted to testify until such time as the state has a complete opportunity to consider the substance of such testimony and prepare for rebuttal through such opposing experts as the state may choose. (b) A party who expects to call an expert witness to testify on the issue of mental retardation shall, on a schedule to be set by the court, furnish to the opposing party a written synopsis of the findings of such expert or a copy of a written report. The court may authorize the taking of depositions to inquire further into the substance of such synopsis or report. (c) Raising the issue of mental retardation shall constitute a waiver of any privilege that might otherwise be interposed to bar the production of evidence on the subject and, upon request, the court shall order that the state’s experts shall have access to the defendant in such cases for the purpose of having its own experts conduct an examination in preparation for any legal proceeding at which the defendant’s mental retardation may be in issue. (d) The court is authorized to appoint at least one (1) expert at public expense upon a showing by an indigent defendant that there is

19-2516

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2516. cost of presentence investigation. If a court orders a presentence investigation to be conducted, the court shall order the defendant to pay an amount to be determined by the department of correction, not to exceed one hundred dollars ($100), of the cost of conducting the presentence investigation and preparing the presentence investigation report. Such court orders shall be included in the judgment. Any such amount to be paid by the defendant shall be determined by the department of correction and shall be based on the defendant’s ability to pay. In determining a defendant’s ability to pay, the department of correction may consider such factors as the defendant’s income, property owned, outstanding obligations and the number and ages of dependents. Such payments shall be made to the department of correction and will be placed in the probation and parole receipts account created pursuant to section 20-225A , Idaho Code, and utilized as reimbursement for the cost of conducting the presentence investigation and preparing the presentence investigation report. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature. History: [19-2516, added 2011, ch. 74, sec. 1, p. 156.]

19-2517

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2517. presentence investigation report to include recidivism rates. (1) If the court orders a presentence investigation to be conducted, the investigation report shall include current recidivism rates for: (a) Offenders placed on probation after an expired period of retained jurisdiction under section 19-2601 4., Idaho Code; (b) Offenders placed on probation under section 19-2601 2. or 3., Idaho Code; and (c) Offenders sentenced directly to a term of imprisonment. (2) The reported recidivism rates shall be differentiated based on offender risk levels of low, moderate and high. History: [19-2517, added 2014, ch. 150, sec. 1, p. 414.]

19-2518

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2518. Lien of judgment for fine. A judgment that the defendant pay a fine, pay costs, or pay fine and costs, constitutes a lien in like manner as a judgment for money in a civil action. History: [(19-2518) Cr. Prac. 1864, sec. 448, p. 267; R.S., sec. 7995; 1899, p. 379; sec. 2; reen. R.C. & C.L., sec. 7995; C.S., sec. 9039; I.C.A., sec. 19-2418.]

19-2519

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2519. Entry of judgment — Record. (a) When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had and must without unnecessary delay annex together and file the following papers, which constitute a record of the action: 1. A copy of the minutes of a challenge interposed by the defendant to the panel of a grand jury, or to an individual grand juror, and the proceedings and the decisions thereon. 2. The indictment and copy of the minutes of the plea or demurrer. 3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an individual juror, and the proceedings and decision thereon. 4. A copy of the minutes of the trial. 5. A copy of the minutes of the judgment. 6. Any bill or bills of exceptions. 7. The written charges asked of the court, and refused with the court’s endorsement thereon. 8. A copy of all requested instruction showing those given and those refused with the court’s endorsement thereon, together with a copy of all instructions given on the court’s own motion. (b) As soon as possible upon entry of the judgment of conviction the clerk shall deliver to the sheriff of the county a certified copy of the judgment along with a copy of the presentence investigation report, if any, for delivery to the director of correction pursuant to section 20-237 , Idaho Code. History: [(19-2519) Cr. Prac. 1864, sec. 449, p. 267; R.S. & R.C., sec. 7996; am. 1915, ch. 149, p. 323; reen. C.L., sec. 7996; C.S., sec. 9040; I.C.A., sec. 19-2419; am. 1991, ch. 116, sec. 2, p. 245.]

19-2520

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520. Extended sentence for use of firearm or deadly weapon. Any person convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-1508 (3), 18-1508 (4), 18-1508 (5), 18-1508 (6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted of a felony), 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape defined), 18-6501 (robbery defined), 37-2732 (a) (delivery, manufacture or possession of a controlled substance with intent to deliver) or 37-2732B (trafficking), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing or attempting to commit the crime, shall be sentenced to an extended term of imprisonment. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years. For the purposes of this section, firearm means any deadly weapon capable of ejecting or propelling one (1) or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable. The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at the trial of the substantive crime. This section shall apply even in those cases where the use of a firearm is an element of the offense. History: [19-2520, added 1977, ch. 10, sec. 1, p. 20; am. 1980, ch. 296, sec. 1, p. 767; am. 1983, ch. 183, sec. 1, p. 496; am. 1986, ch. 319, sec. 2, p. 785; am. 1988, ch. 328, sec. 1, p. 990; am. 1993, ch. 264, sec. 1, p. 897; am. 2006, ch. 249, sec. 1, p. 758.]

19-2520B

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520B. Infliction of great bodily injury — Attempted felony or conspiracy — Extension of prison term. (1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another person, on any person, other than an accomplice, in the commission or attempted commission of a felony or conspiracy to commit such a felony shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years. A term of imprisonment shall be extended as provided in this section unless infliction of great bodily injury is an element of the offense of which he is found guilty. (2) As used in this section, great bodily injury means a significant or substantial physical injury. (3) The extended term of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime. (4) The additional terms provided in this section shall not be imposed unless the fact of great bodily injury is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime. History: [19-2520B, added 1981, ch. 150, sec. 1, p. 260; am. 1983, ch. 183, sec. 3, p. 498; am. 1986, ch. 319, sec. 3, p. 785.]

19-2520C

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520C. Extension of prison terms for repeated sex offenses, extortion and kidnapping. (1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, or any attempt or conspiracy to commit such crime(s); and committed such crime(s) by force, violence, duress, menace or threat of great bodily injury and who has been previously found guilty of any such crime, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years; provided, however, that no extension shall be imposed under this section for any such crime occurring prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony; provided further that no extension shall be imposed under this subsection when the provisions of section 19-2520B , Idaho Code, would be applicable. (2) Any person found guilty of an offense specified in subsection (1) of this section who has served two (2) or more prior prison terms for any crime specified in subsection (1) hereof, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years; provided, that no extended term of imprisonment shall be imposed under this subsection for any prison term served prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony. (3) The extended terms of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime. (4) Any extended term of imprisonment required by this section shall not be imposed unless the fact of the prior commission of a crime is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime. History: [19-2520C, added 1981, ch. 150, sec. 2, p. 261; am. 1983, ch. 183, sec. 4, p. 498; am. 1984, ch. 63, sec. 3, p. 113; am. 1986, ch. 319, sec. 4, p. 786; am. 2022, ch. 124, sec. 21, p. 455.]

19-2520D

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520D. Prior foreign conviction. Every person who has been found guilty in any other state, country or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if such prior conviction had taken place in a court of this state. History: [19-2520D, added 1981, ch. 150, sec. 3, p. 262.]

19-2520E

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520E. Multiple enhanced penalties prohibited. Notwithstanding the enhanced penalty provisions in sections 19-2520 , 19-2520A , 19-2520B and 19-2520C , Idaho Code, any person convicted of two (2) or more substantive crimes provided for in the above code sections, which crimes arose out of the same indivisible course of conduct, may only be subject to one (1) enhanced penalty. History: [19-2520E, added 1983, ch. 183, sec. 5, p. 499.]

19-2520F

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520F. Consecutive sentences for felonies committed in correctional facilities. Every person who has been found guilty of a commission of a felony on the grounds of a correctional facility located in this state shall have the sentence for such offense begin after all previous sentences have ended. History: [19-2520F, added 1990, ch. 238, sec. 1, p. 676.]

19-2520G

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2520G. Mandatory minimum sentencing. (1) Pursuant to section 13, article V of the Idaho constitution, the legislature intends to provide mandatory minimum sentences for repeat offenders who have previously been found guilty of or pleaded guilty to child sexual abuse. The legislature hereby finds and declares that the sexual exploitation of children constitutes a wrongful invasion of a child and results in social, developmental and emotional injury to the child. It is the policy of the legislature to protect children from the physical and psychological damage caused by their being used in sexual conduct. In order to protect children from becoming victims of this type of conduct by perpetrators, it is necessary to provide the mandatory minimum sentencing format contained in subsection (2) of this section. By enacting mandatory minimum sentences, the legislature does not seek to limit the court’s power to impose in any case a longer sentence as provided by law. (2) Any person who is found guilty of or pleads guilty to any offense requiring sex offender registration as set forth in section 18-8304 , Idaho Code, or any attempt or conspiracy to commit such a crime, shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than fifteen (15) years, if it is found by the trier of fact that previous to the commission of such crime the defendant has been found guilty of or has pleaded guilty to a violation of any crime or an offense committed in this state or another state which, if committed in this state, would require the person to register as a sexual offender as set forth in section 18-8304 , Idaho Code. (3) The mandatory minimum term provided in this section shall be imposed where the aggravating factor is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at a trial of the substantive crime. A court shall not have the power to suspend, withhold, retain jurisdiction, or commute a mandatory minimum sentence imposed pursuant to this section. Any sentence imposed under the provisions of this section shall run consecutive to any other sentence imposed by the court. History: [19-2520G, added 1993, ch. 152, sec. 1, p. 387; am. 2006, ch. 154, sec. 1, p. 469; am. 2011, ch. 311, sec. 25, p. 903.]

19-2521

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2521. sentencing Criteria for placing defendant on probation or imposing imprisonment. (1) The policy of the state of Idaho regarding sentencing of persons convicted of a crime is as follows, unless otherwise provided by law: (a) The sentencing court should first consider placement in the community. The goals of sentencing include the primary consideration of the protection of society, followed by the possibility of risk reduction through rehabilitation, deterrence of the individual and the public generally, and punishment or retribution for wrongdoing and the impact on the victim; and (b) Each discretionary sentence should be specifically tailored to the individual defendant and take into account the totality of all relevant facts and circumstances. (2) The following factors, while not controlling the discretion of the court, shall be accorded weight in favor of avoiding a sentence of imprisonment: (a) The defendant’s criminal conduct neither caused nor threatened harm; (b) The defendant did not contemplate that his criminal conduct would cause or threaten harm; (c) The defendant’s criminogenic needs indicate that the defendant will benefit from supervision and treatment in the community; (d) There were substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; (e) The victim of the defendant’s criminal conduct induced or facilitated the commission of the crime; (f) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that was sustained; provided, however, nothing in this section shall prevent the appropriate use of imprisonment and restitution in combination; (g) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime; (h) The defendant’s criminal conduct was the result of circumstances unlikely to recur; (i) The character and attitudes of the defendant indicate that the commission of another crime is unlikely; and (j) The defendant demonstrates amenability to treatment. (3) The following factors, while not controlling the discretion of the court, shall be accorded weight in favor of a sentence of imprisonment: (a) There is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime harmful to another person; (b) A lesser sentence will depreciate the seriousness of the defendant’s crime; (c) Imprisonment will provide appropriate punishment and deterrent to the defendant; (d) Imprisonment will provide an appropriate deterrent for other persons in the community; and (e) The defendant is a multiple offender or professional criminal. (4) As used in this section, criminogenic needs means those dynamic factors associated with the likelihood of reoffending but that may be changed through effective intervention. Hist

19-2522

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2522. Examination of defendant for evidence of mental condition — Appointment of psychiatrists or licensed psychologists — Hospitalization — Reports. (1) If there is reason to believe the mental condition of the defendant will be a significant factor at sentencing and for good cause shown, the court shall appoint at least one (1) psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19 , Idaho Code. The order appointing or requesting the designation of a psychiatrist or licensed psychologist shall specify the issues to be resolved for which the examiner is appointed or designated. (2) In making such examination, any method may be employed which is accepted by the examiner’s profession for the examination of those alleged to be suffering from a mental illness or defect. (3) The report of the examination shall include the following: (a) A description of the nature of the examination; (b) A diagnosis, evaluation or prognosis of the mental condition of the defendant; (c) An analysis of the degree of the defendant’s illness or defect and level of functional impairment; (d) A consideration of whether treatment is available for the defendant’s mental condition; (e) An analysis of the relative risks and benefits of treatment or nontreatment; (f) A consideration of the risk of danger which the defendant may create for the public if at large. (4) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant. (5) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination. (6) If a mental health examination of the defendant has previously been conducted, whether pursuant to section 19-2524 , Idaho Code, or for any other purpose, and a report of such examination has been submitted to the court, and if the court determines that such examination and report provide the necessary information required in subsection (3) of this section, and the examination is sufficiently recent to reflect the defendant’s present mental condition, then the court may consider such prior examination and report as the examination and report required by this section and need not order an additional examination of the defendant’s mental condition. The provisions of this subsection shall not apply to examinations and reports performed or prepared pursuant to section 18-211 or 18-212 , Idaho Code, for the purpose of determining the defendant’s fitness to proceed, unless the defendant knowingly, voluntarily and intelligently consents to having such examination and report used at sen

19-2523

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2523. Consideration of mental illness in sentencing. (1) Evidence of mental condition shall be received, if offered, at the time of sentencing of any person convicted of a crime. In determining the sentence to be imposed in addition to other criteria provided by law, if the defendant’s mental condition is a significant factor, the court shall consider such factors as: (a) The extent to which the defendant is mentally ill; (b) The degree of illness or defect and level of functional impairment; (c) The prognosis for improvement or rehabilitation; (d) The availability of treatment and level of care required; (e) Any risk of danger which the defendant may create for the public, if at large, or the absence of such risk; (f) The capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law at the time of the offense charged. (2) The court shall authorize treatment during the period of confinement or probation specified in the sentence if, after the sentencing hearing, it concludes by clear and convincing evidence that: (a) The defendant suffers from a severe and reliably diagnosable mental illness or defect resulting in the defendant’s inability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law; (b) Without treatment, the immediate prognosis is for major distress resulting in serious mental or physical deterioration of the defendant; (c) Treatment is available for such illness or defect; (d) The relative risks and benefits of treatment or nontreatment are such that a reasonable person would consent to treatment. (of the offense charged.) (3) In addition to the authorization of treatment, the court shall pronounce sentence as provided by law. History: [19-2523, added 1982, ch. 368, sec. 10, p. 925.]

19-2524

TITLE 19 CRIMINAL PROCEDURE CHAPTER 25 JUDGMENT 19-2524. consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings. (1) After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when and as provided by this section. (a) As part of the presentence process, a screening to determine whether a defendant is in need of a substance use disorder assessment and/or a mental health examination shall be made in every felony case unless the court waives the requirement for a screening. The screening shall be performed within seven (7) days after the plea of guilty or finding of guilt. (b) At any time after sentencing while the court exercises jurisdiction over the defendant, the court may order such a screening to be performed by individuals authorized or approved by the department of correction if the court determines that one is indicated. The screening shall be performed within seven (7) days after the order of the court requiring such screening. (2) Substance use disorder provisions. (a) Should a screening indicate the need for further assessment of a substance use disorder, the necessary assessment shall be timely performed so as to avoid any unnecessary delay in the criminal proceeding and not later than thirty-five (35) days after a plea of guilty or finding of guilt or other order of the court requiring such screening. The assessment may be performed by qualified employees of the department of correction or by private providers approved by the department of health and welfare. If the screening or assessment is not timely completed, the court may order that the screening be performed by another qualified provider. (b) Following completion of the assessment, the results of the assessment, including a determination of whether the defendant meets diagnostic criteria for a substance use disorder and the recommended level of care, shall be submitted to the court as part of the presentence investigation report or other department of correction report to the court. (c) Following the entry of a plea of guilty or a finding of guilt, the court may order, as a condition of the defendant’s continued release on bail or on the defendant’s own recognizance, that, if the assessment reflects that the defendant meets diagnostic criteria for a substance use disorder, the defendant shall promptly, and prior to sentencing, begin treatment at the recommended level of care. (d) If the court concludes at sentencing, or at any time after sentencing while the court exercises jurisdiction over the defendant, that the defendant meets diagnostic criteria for a substance use disorder, and if the court places the defendant on probation, the court may order the defendant, as a condition of probation, to undergo treatment at the recommended level of care, subject to mo